Legal Question in Family Law in Florida
Step parent adoption default
It has been 20 days since I sent a step parent adoption petition to my x boyfriend. He has not responded to the petition. I was advised to file for default. My x boyfriend was just ordered to pay child support beginning in December. It is now November. He never paid any support prior. My husband has been in my child's life since she was 2 months old and she calls him Dada. Will the courts grant the adoption if he does not answer? What is the whole process if the default goes through? I do not know what to expect.
1 Answer from Attorneys
Re: Step parent adoption default
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You stated that you "sent a step parent adoption to your ex boyfriend". If it was only mailed then the adoption will probably be denied by the court until proper service has been effected by the sheriff in your county or a certified civil process server. The clerk will not enter a default without proper service nor will a court. Without notice, there can be no final hearing.
You would be wise to retain an experienced attorney to see that this matter is handled properly and to expedite it coming to a final hearing.
Scott R. Jay, Esq.